Ex parte BENDA - Page 10




          Appeal No. 96-0831                                                          
          Application 08/191,113                                                      


          that the former is embedded in the latter (column 3, line 67 et             
          seq.).  From our perspective, therefore, one of ordinary skill in           
          the art would have understood that the two elements of the                  
          Olmstead grommet are mechanically attached together, only, and              
          thus the limitations added by claims 13 and 14 inherently are               
          present in Olmstead.  The Section 103 rejection of these two                
          claims is sustained.                                                        
               Claims 8 and 15 stand rejected as being unpatentable over              
          Olmstead in view of Patel, the latter being cited by the examiner           
          for its showing of a grommet having an oblong shape.  Be that as            
          it may, claim 8 requires the presence of slits extending                    
          partially through the base element, as did claim 7, and this is             
          not taught by Patel or, as we stated above, by Olmstead.                    
          Therefore, this rejection of claim 8 is not sustained.                      
               Claim 15 has no such requirement; its purpose is to add to             
          claim 1 the limitation that both the soft member and the rigid              
          member are made of “plastic materials.”  Patel discloses a self             
          locking plug for insertion in a hole in a panel, with both the              
          soft member (22) and the rigid member (20) being formed of                  
          plastic material (column 5, lines 30 through 37).  As admitted by           
          the appellant on page 19 of the Brief, the two elements of the              
          Patel device are mechanically interlocked.  It is the examiner’s            

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